Mich. Admin. Code R. 28.5101 - Definitions

Rule 101. As used in these rules:

(a) "Access" means the physical or electronic ability, right, or privilege to view, modify, or make use of CJIS and CJI.

(b) "Administration of criminal justice" or "criminal justice purpose" means the performance of any of the following activities:

(i) Detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.

(ii) Identification of criminals.

(iii) Collection, storage, and dissemination of CJI.

(iv) Criminal justice agency employment.

(c) "Automated Fingerprint Identification System" (AFIS) means the system maintained and operated by the department that collects and processes fingerprints and palm prints and disseminates related information.

(d) "Automated Law Enforcement Information Access System" (ALIAS) means the system maintained by the department that collects and disseminates criminal and juvenile identification and records, pursuant to 1925 PA 289, MCL 28.241 to 28.248.

(e) "Biometric data" means data derived from 1 or more intrinsic physical or behavioral traits of humans typically for the purpose of uniquely identifying individuals, including fingerprints, palm prints, iris scans, and facial images.

(f) "CJI" means criminal justice information.

(g) "CJIS" means criminal justice information systems.

(h) "CJIS Information Security Officer" means the person designated to administer the CJI security program. The CJIS Information Security Officer is an employee of the CSA. The CJIS Information Security Officer serves as the internal and external point of contact for all CJIS information security matters and ensures that each agency having access to CJI has a security point of contact.

(i) "CJIS Systems Agency" means the criminal justice agency that provides access to CJI from systems managed by the FBI Criminal Justice Information Services Division within a district, state, territory, or federal agency, as designated by the FBI, and has overall responsibility for establishing and administering an information technology security program throughout the CSAs user community. The CSA for this state is the department.

(j) "CJIS Systems Officer" means a member of the CSA, selected by the head of the CSA, having the ultimate responsibility for the administration of the CJIS network on behalf of the CSA, including setting and enforcing standards for personnel accessing CJI and policies governing components of CJIS and related systems used to process, store, or transmit CJI; ensuring appropriate use of CJIS and CJI, compliance with approved polices, and that the CJIS Information Security Officer and Local Agency Security Officers are appointed; and approving access to CJIS and FBI criminal justice information services systems.

(k) "CSA" means the CJIS Systems Agency.

(l) "CSO" means the CJIS Systems Officer.

(m) "Criminal justice agency" means a court or other governmental agency, or any subunit of the court or governmental agency, that engages in the administration of criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget for the administration of criminal justice. The federal and state Inspectors General Offices are considered criminal justice agencies.

(n) "Criminal justice information" means data (electronic or hard copy) obtained from LEIN, AFIS, ALIAS, or SNAP, including, but not limited to, biometric, identity history, person, organization, and property data.

(o) "Criminal justice information systems" means the LEIN, AFIS, ALIAS or SNAP systems.

(p) "Department" means the Michigan department of state police.

(q) "Dissemination" means the transmission, distribution, and disclosure of CJI.

(r) "FBI" means the Federal Bureau of Investigation.

(s) "Hot files" means databases maintained by the department that collects and disseminates information pertaining to wanted and missing persons, probation orders, mental health orders, jail or lockup information, and stolen, abandoned, or impounded property.

(t) "Law Enforcement Information Network" means the communication network that collects and disseminates CJI to authorized Michigan CJIS user agencies; is the message switch that provides access to various state and national databases; and is the hot files and PPO databases.

(u) "LEIN" means the Law Enforcement Information Network.

(v) "National Crime information Center" means the nationwide, computerized information system established as a service to all criminal justice agencies operated by the FBI Criminal Justice Information Services Division.

(w) "NCIC" means the National Crime Information Center.

(x) "Personally Identifiable Information" means information that can be used to distinguish or trace an individuals identity, such as social security number, or biometric records, alone; or name, when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mothers maiden name.

(y) "PII" means personally identifiable information.

(z) "PPO database" means the database maintained by the department that collects and disseminates information pertaining to personal protection orders, pursuant to section 2950 and 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a; conditional bond release orders, pursuant to section 6b of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.6b; and child abuse prevention orders, pursuant to section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.13a.

(aa) "SNAP" means the Statewide Network of Agency Photos.

(bb) "Statewide Network of Agency Photos" means the system maintained by the department that collects and disseminates images and related information.

Notes

Mich. Admin. Code R. 28.5101

1981 AACS; 2009 AACS; 2021 MR 5, Eff. 3/19/2021